Permanent Residence-EU
Those who have been settled for five years can apply for the "Permanent Residence-EU". From the time this residence title is issued, there is an unlimited right of settlement, only the card expires - similar to a passport - every 5 years and can be reissued at any time, even long after the "end date".
The requirements are:
- Five years of settlement
- Proof of Module 2 of the Integration Agreement (ÖIF examination on language level B1)
- Sufficient means of subsistence
The rights associated with permanent residence in the EU represent extensive equality with Austrian citizens. This includes full access to the social security system, equal treatment under labor law, for example with regard to the recognition of language training from other EEA states, and above all free labor market access to the Austrian labor market.
During this five-year period of consideration until the application for permanent residence, a one-time absence of up to 6 months and a total absence of 10 months is allowed. Professional postings (Entsendung) do not count as absences.
Proof of fulfillment of the Integration Agreement can also be provided in other ways than through the ÖIF certificate: a positive German certificate at the 9th grade level, four years of positively completed attendance of German as a subject at a foreign secondary school, or five years of attendance at a compulsory school in Austria are classified as equivalent. Likewise, in case of studies, 32 ECTS points - which corresponds to 6 hours per week during at least two years of studies in German - replace the ÖIF certificate.
The requirements, especially with regard to secure maintenance, are checked particularly detailed, since this is the last time the income situation is checked.
The stay with a "residence permit" during times of studies and education is not
considered as settlement and is counted only half. Also, the change
directly from a residence permit is not possible, it would have to be
realized at least a logical second a change from residence to settlement
on another basis. In practice, this means that after graduation, an application is first made for a settlement permit for artists, for example. If this is approved and a period of five years in total is recognized and accepted, an application for permanent residence can be made from the settlement permit.
Example studies
A student has studied for 5 years at an Austrian
art university. This time counts for the acquisition of permanent
residence only 2.5 years. I.e. After finishing her studies, the student
has to work in Austria for another 2.5 years on a temporary residence
permit until permanent residence can be applied for.
Example change
Those who have received a first settlement permit-artist extend it once
for one year, then for three years, and can then switch to permanent
residence. However, this only works if the renewal applications were
filed relatively close to the expiration of the previous title, so that a
few weeks are not lost with each renewal due to "premature card
production" and the mandatory five years are fully countable. The case law "adds" the possible extension to each application for a change of purpose, so that the chain of residence
remains unbroken in any case.
What do I have to consider in order to keep the permanent residence?
The permanent right of residence can only be lost if there is a continuous stay of 12 months outside the EU (then there is a simplified re-acquisition in half the time), or if there is a stay of more than six years in other EEA states. Therefore, when the card is reissued, only the presence in Austria is checked. The registration form alone is not sufficient, a continuous registration for social security due to gainful employment is the usual standard of verification. If there have been interruptions in this process (e.g. due to late payment of social security contributions), proof will have to be provided by other means of evidence: These can be examinations from studies, but also ATM payments within Austria.
If an "excessively long" absence is established upon entry
into Austria, entry can be denied immediately if there is no other basis
(such as: visa exemption). A Red-White-Red Card plus, for example,
would then have to be applied from abroad with all supporting documents.